Judge Vivencio Baclig of Regional Trial Court Branch 76 also ordered Gregorio Lazaro, 40, of Bulacan; and Mariano Domingo 32, of Tondo, Manila, to pay the heirs of Jonnel Mendiola, who owned an internet café, a total of P426,781 as civil indemnity and moral and actual damages.
Court records showed that the incident happened on the night of Sept. 22, 2002 in Loyola Heights, where Mendiola had just driven home his fiancée, Jaimie Liu, to her apartment. Two men, later identified as Lazaro and Domingo, attacked Mendiola and dragged him inside his van.
Lazaro held the victim while Domingo hit Mendiola with an iron bar.
The abduction was witnessed by a security guard, who immediately called police for assistance.
Consequently, a brief chase ensued between the lawmen and the suspects, who were aboard the victims van. An exchange of gunfire between the police and the suspects also ensued.
Lawmen hit the front tire of the van, causing it to lose control and hit a post before stopping.
At this juncture, Domingo tried to flee but was shot by a police officer in the leg. Lazaro raised his hands in surrender. The two were then arrested.
Later, policemen found Mendiola lying face down on the vans floor. He was hogtied and had a gunshot wound in the chest.
"After a thorough review and evaluation of the evidence on record, the court finds that the two accused acted in conspiracy with each other in abducting (Mendiola) and depriving him of his liberty. This is evident from the fact that when Mendiola was found inside the van, he was hogtied," the eight-page decision said. "The circumstance that the deprivation of liberty did not last long does not lessen the gravity of the crime. It happened only because the police gave chase and the offenders shot the victim in cold blood."